498a
Querist :
Anonymous
(Querist) 15 February 2020
This query is : Resolved
HI SIR 8 years ago my wife filed case against me under section 498a.( filed in a city where We were working) .I was staying with her. As shd didnt like me , she forced me to vacate the house. I refused. She started fighting. One day she filed a case against me Under section 498a. I was arrested. Got bail. I was staying with her .but Police mentioned random address .name also mentioned wrongly . I asked police after bail , can I leave the city? They said I can leave. They will send notice to my native adress if required. I gave my native address while leaving. I never received any notice.i thought she withdrew the case. I waited for many year for her. I am not sure where she has been living all these years. I know her number. She visited me a few times in these years. She told me I should not ask her address . I shouldn't try to find her address. In the last 3 years she never visited me.so I asked her either live with me or give divorce.she told me that I can go ahead and apply for divorce. But she will not give her address So i filed a divorce case. And got ex-party divorce as her address is not known. Now I told my relatives to talk to her one final time as we have a son. (I am still ready to live with her). She refused to live with me and she said she didn't withdraw the case which she filed 8 years ago. So started searching my name in the ecourt website. I didn't find anything. When I searched her name I found a case . The case Status is proclamation. I could see first few letters of my name in the court website. Please advice me what should I do right now. I am confused and worried. Please help me sir
Raj Kumar Makkad
(Expert) 15 February 2020
In the given facts, you have no other option but to surrender before the trial court which issued proclamation against you and seek bail as well as as recalling of that order..
You can also apply for anticipatory bail in this matter in the light of the facts mentioned by you.
Querist :
Anonymous
(Querist) 15 February 2020
Can I ask a lawyer to apply for bail?
I see This status as PROCLIMATION NBW
Dr J C Vashista
(Expert) 16 February 2020
Appear before the concerned Court and get the proclamation order cancelled through your lawyer.
Advocate Suneel Moudgil
(Expert) 16 February 2020
apply for the bail through a competent lawyer and appear and contest the case
Raj Kumar Makkad
(Expert) 16 February 2020
If proclamation has been done then better to avail bail before arrest. Engage a lawyer first.
T. Kalaiselvan, Advocate
(Expert) 21 February 2020
You must file a petition under section 83 cr.p.c. to cancel the warrant pending against you by surrendering before the trial court immediately.
—No proclamation can issue under Section 87 unless a warrant has issued in
the first instance and the Court has reason to believe that the person against whom it was issued
has absconded or is concealing himself so that such warrant cannot be executed. The
proclamation must fix a date for the appearance of the person at a specified place and that date
must be not less than thirty days from the date of the publication of the proclamation.
If the
proclaimed person does not appear within the time specified in the proclamation, the property
under attachment remains “at the disposal of Government”. It can be sold at once at the
discretion of the Court when it is liable to speedy decay if the Court considers that the sale would
be for the benefit of the owner.
Section 512(1) [Section 299 of new Code] provides that whenever it is proved
that an accused person has absconded and there is no immediate prospect of arresting him, any
Court competent to try or commit such person for trial for the offence complained or may, in his
absence, examine the witnesses produced for the prosecution and record their depositions, and
such depositions may, on the arrest of the accused person, be used in evidence against him, if the
deponent is dead or is incapable of giving evidence, or his attendance cannot be conveniently
procured. It is also to be noted in connection with this the Section 164 enables a Magistrate to
record, in the same manner as evidence, any statement regarding an offence made by an accused
person whomsoever it may implicate.
Therefore you can take the assistance of a local advocate and first get the warrant recalled or cancelled as per provisions of law and then face the trial.
